Opinion
CA 10-01892.
Decided on October 7, 2011.
Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered August 5, 2010 in a foreclosure action. The order denied the motion of plaintiff for leave to reargue and renew.
WOODS OVIATT GILMAN LLP, ROCHESTER (WARREN B. ROSENBAUM OF COUNSEL), FOR PLAINTIFF-APPELLANT.
LECLAIR RYAN, ROCHESTER (GREGORY J. MASCITTI OF COUNSEL), FOR DEFENDANT-RESPONDENT.
PRESENT: SCUDDER, P.J., SMITH, CARNI, LINDLEY, AND MARTOCHE, JJ.
It is hereby ORDERED that said appeal from the order insofar as it denied reargument is unanimously dismissed ( see Empire Ins. Co. v Food City, 167 AD2d 983, 984) and the order is affirmed without costs.